Dear NHS England,

Thank you for all your previous responses.

I would like to make a further request under the FOI Act.

For the purposes of the Act, please take the date of your receipt of this request as 16th November 2015.

I note with interest the proposal by NHS ENgland and the HSCIC to develop a "single national GP dataset".

As far as I understand:

• NHS England assert their opinion that "a compelling case" that the initial care.data GP dataset, as agreed with the BMA and RCGP, and approved by the (now abolished) GPES IAG, "requires further review"

• The proposed "single national GP dataset" will process extracted and uploaded data for "purposes beyond direct care", which most refer to as "secondary purposes"

• The HSCIC will be tasked with extracting and uploading this dataset from GP practices, and the data set will include NHS numbers, DOBs, gender and postcodes, prescriptions, referrals and diagnoses

• The data extracted and uploaded will therefore be "personal confidential data", as defined by the DPA

• A public consultation is to be held regarding this proposed datatset

Please could you provide with the following information:

• Is the extraction and uploading of this dataset simply still care.data, albeit with an "updated" dataset, or will this proposal be an additional, parallel, extraction of data, outwith the care.data programme, for a different project ?

• Please could you provide me with the Privacy Impact Assessment that you (must) have undertaken regarding such an extended dataset (unless you are relying on the care.data PIA - if so, please say so)

• Please can you confirm that patients in England will have the right to object to the extraction and uploading of their data, as defined by this dataset, for the (secondary) purposes that their PCD will be processed for

• Assuming NHS England and the HSCIC intend to respect such an objection, please can you confirm that patients who have already objected to their GP about the extraction and uploading of their data for secondary purposes - that is, the addition of the 9Nu0/XaZ89 read code to prohibit, for example, care.data and the National Diabetes Audit - can be reassured that their data automatically will not be uploaded for the purposes intended by this proposed "single national GP dataset".

• Or will patients who have already requested that their GP add the 9Nu0/XaZ89 read code to their record be required to to opt-out, yet again, with yet another, different read code ?

As per Section 1(4) of the FOI Act
( http://www.legislation.gov.uk/ukpga/2000... ) I would like the information in question held at the time when my request is received (draft or otherwise), except that account may be taken of any amendment or deletion made between now and the latest time by which the information is to be communicated to me, being an amendment or deletion that would have been made regardless of the receipt of my request.

I would be grateful if you would be kind enough to send me the requested information promptly and in any event not later than the twentieth working day following the date of receipt of my request.

If my request is denied in whole or in part, or specific items within the responses are withheld from disclosure, then you must justify all deletions by reference to specific exemptions of the act, as per Section 17 of the Act
( http://www.legislation.gov.uk/ukpga/2000... ). Where you rely on a qualified exemption to withhold disclosure, you are obliged to consider the public interest in your decision and the refusal notice must explain not only which exemption applies and why, but also the public interest arguments addressed in reaching the decision.

I would be grateful if you would kindly acknowledge receipt of this request as recommended by the ICO ("It would be good practice to acknowledge receipt of requests and to refer to the 20 working day time limit, so that applicants know their request is being dealt with").

Thank you very much once again.

Yours sincerely,

Dr Neil Bhatia

Contactus England (HEALTH AND SOCIAL CARE INFORMATION CENTRE), NHS England

Thank you for contacting the NHS England Customer Contact Centre. Our
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please dial 999 or attend your local accident and emergency department if
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There is also a wide range of helpful information available on the [1]NHS
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This is an automated message; please do not reply as your e-mail will not
be looked at.

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References

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1. NHS Choices website
http://www.nhs.uk/

FOI England (NHS ENGLAND), NHS England

Dear Dr Bhatia,

 

Thank you for your Freedom of Information (FOI) request, dated 14 November
2015.

 

Please be assured that your request is being dealt with under the terms of
the Freedom of Information Act 2000 and will be answered within twenty
working days.

 

If you have any queries about this request or wish to contact us again,
please email [1][NHS England request email]  and the message will be
forwarded appropriately. Please remember to quote the above reference
number in any future communications.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [2][NHS England request email]  .

 

Yours sincerely,

 

 

 

Freedom of Information

Corporate Communications Team

Patients and Information Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [3][NHS England request email]

 

 

show quoted sections

References

Visible links
1. mailto:[NHS England request email]
2. mailto:[NHS England request email]
3. mailto:[NHS England request email]

FOI England (NHS ENGLAND), NHS England

Dear Dr Bhatia,

 

Re:      Freedom of Information request (Our Ref – FOI: 008990)

 

Thank you for your Freedom of Information (FOI) request dated 14 November
2015.

 

Your exact request was:

 

“I would like to make a further request under the FOI Act.

 

For the purposes of the Act, please take the date of your receipt of this
request as 16th November 2015.

 

I note with interest the proposal by NHS ENgland and the HSCIC to develop
a "single national GP dataset".

 

As far as I understand:

 

•  NHS England assert their opinion that "a compelling case" that the
initial care.data GP dataset, as agreed with the BMA and RCGP, and
approved by the (now abolished) GPES IAG, "requires further review"

 

•  The proposed "single national GP dataset" will process extracted and
uploaded data for "purposes beyond direct care", which most refer to as
"secondary purposes"

 

•  The HSCIC will be tasked with extracting and uploading this dataset
from GP practices, and the data set will include NHS numbers, DOBs, gender
and postcodes, prescriptions, referrals and diagnoses

 

•  The data extracted and uploaded will therefore be "personal
confidential data", as defined by the DPA

 

•  A public consultation is to be held regarding this proposed datatset

 

Please could you provide with the following information:

 

•  Is the extraction and uploading of this dataset simply still care.data,
albeit with an "updated" dataset, or will this proposal be an additional,
parallel, extraction of data, outwith the care.data programme, for a
different project ?

 

•  Please could you provide me with the Privacy Impact Assessment that you
(must) have undertaken regarding such an extended dataset (unless you are
relying on the care.data PIA - if so, please say so)

 

•  Please can you confirm that patients in England will have the right to
object to the extraction and uploading of their data, as defined by this
dataset, for the (secondary) purposes that their PCD will be processed for

 

•  Assuming NHS England and the HSCIC intend to respect such an objection,
please can you confirm that patients who have already objected to their GP
about the extraction and uploading of their data for secondary purposes -
that is, the addition of the 9Nu0/XaZ89 read code to prohibit, for
example, care.data and the National Diabetes Audit - can be reassured that
their data automatically will not be uploaded for the purposes intended by
this proposed "single national GP dataset".

 

•  Or will patients who have already requested that their GP add the
9Nu0/XaZ89 read code to their record be required to to opt-out, yet again,
with yet another, different read code ?”

 

NHS England holds information relevant to your request.

 

We have liaised with the relevant departments within NHS England and are
in a position to provide the following and have answered your questions
in-turn for convenience.

 

Is the extraction and uploading of this dataset simply still care.data,
albeit with an "updated" dataset, or will this proposal be an additional,
parallel, extraction of data, out with the care.data programme, for a
different project?

There will be a single national GP dataset which would therefore replace
the dataset as currently defined for the care.data pathfinder stage. The
dataset will support a range of aims, including care.data.

 

Please could you provide me with the Privacy Impact Assessment that you
(must) have undertaken regarding such an extended dataset (unless you are
relying on the care.data PIA - if so, please say so)

The care.data programme published a Privacy Impact Assessment (PIA) in
January 2014. As this information is in the public domain, we will under
Section 21 of the FOI Act (information accessible to the applicant by
other means) refer you to the published source:

 

o [1]https://www.england.nhs.uk/wp-content/up...

 

This is being updated to reflect changes made to the programme during 2014
and 2015 and will be finalised following the National Data Guardian review
of the model of consent and opt out. This will then be published in-line
with the care.data proposal on transparency and publication of Board
papers which can be found at the following link:

 

o [2]https://www.england.nhs.uk/ourwork/tsd/c...

 

The Privacy Impact Assessment will continue to be updated as needed.

 

Please can you confirm that patients in England will have the right to
object to the extraction and uploading of their data, as defined by this
dataset, for the (secondary) purposes that their PCD will be processed for

Assuming NHS England and the HSCIC intend to respect such an objection,
please can you confirm that patients who have already objected to their GP
about the extraction and uploading of their data for secondary purposes -
that is, the addition of the 9Nu0/XaZ89 read code to prohibit, for
example, care.data and the National Diabetes Audit - can be reassured that
their data automatically will not be uploaded for the purposes intended by
this proposed "single national GP dataset".

Or will patients who have already requested that their GP add the
9Nu0/XaZ89 read code to their record be required to to opt-out, yet again,
with yet another, different read code?

The Health Secretary announced a number of measures to assure the security
of confidential medical information during his speech at the Health and
Care Innovation Expo on the 2^nd September 2015. This included a review of
standards of data security for patients’ confidential data across the NHS
to be carried out by the Care Quality Commission (CQC).

 

The National Data Guardian for health and care, Dame Fiona Caldicott, is
contributing to this review by developing clear guidelines for the
protection of personal data against which every NHS and care organisation
will be held to account. She is providing advice on the wording for a new
model of consents and opt-outs to be used by the health and care system.

 

The consultation will not be launched until after Dame Fiona’s review
which will provide advice on a new model of consents and opt-outs which
will be applied to this data collection.

 

Copyright: NHS England operates under the terms of the open government
licence. Please see the NHS England Terms and conditions on the following
link [3]http://www.england.nhs.uk/terms-and-cond...

We hope this information is helpful. However, if you are dissatisfied, you
have the right to ask for an internal review by writing to us, within two
months of the date of this letter, to:

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Email: [4][NHS England request email]

 

Please quote the reference number FOI: 008990 in any future
communications.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner’s Office (ICO) can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone: 0303 123 1113

Email: [5][email address]  

Website: [6]www.ico.gov.uk

 

Please note there is no charge for making an appeal.

 

Please be aware that in line with the Information Commissioner’s directive
on the disclosure of information under the FOI Act, your request will be
anonymised and published on our website as part of our disclosure log.

 

Please do not reply to this email. This message has been sent from a
central mailbox. To communicate with NHS England regarding Freedom of
Information (FOI) requests, enquiries or complaints we ask these are sent
directly to NHS England’s customer contact centre. This is to ensure all
communications are progressed correctly. Their postal address, telephone
number and email details are as follows:- PO Box 16738, Redditch, B97 9PT;
0300 3 11 22 33, [7][NHS England request email].

 

 

Yours sincerely,

 

 

Freedom of Information

Corporate Communications Team

Patients and Information Directorate

 

NHS England

PO Box 16738

REDDITCH

B97 9PT

 

Tel: 0300 311 22 33

Email: [8][NHS England request email]

 

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References

Visible links
1. https://www.england.nhs.uk/wp-content/up...
2. https://www.england.nhs.uk/ourwork/tsd/c...
3. http://www.england.nhs.uk/terms-and-cond...
4. mailto:[NHS England request email]
5. mailto:[email address]
6. http://www.ico.gov.uk/
7. mailto:[NHS England request email]
8. mailto:[NHS England request email]

Dr Neil Bhatia left an annotation ()

More information about NHS data sharing, including care.data, the SCR, the HHR, secondary uses, and local data streaming initiatives (such as Your Care Connected), can be found at:

www.nhsdatasharing.info

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